I put a for sale sign on the property but it was removed. I was told the HOA doesn’t allow for sale signs on property. However, my family has own this property since 1969 before an HOA ever existed and I’ve never paid HOA dues. So, are they allowed to remove my signs? Just curious if anyone has had this issue with HOA before.
OT - I own a golf course lot in an HOA neighborhood in Little River that I’m trying to sale.
- Thread starter gamecox4982
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There are lots of stories on this particular legal situation. The general consensus seems to be that if you owned the property before the HOA and never signed on, you are not bound by HOA rules. Of course, internet stories are not the same as actual legal counsel. Considering the money involved in the sale of a home, it would be a well-worthwhile expense to have an attorney get a correct answer. Partly for your peace of mind. And partly for your resale value.
With all of that mentioned, there are some crazy stories floating around about situations similar to yours.
With all of that mentioned, there are some crazy stories floating around about situations similar to yours.
Not allowing signs is one thing. Trespassing on property to remove/steal your sign is another. I doubt the covenants give them that authority. lol The usual process would be to contact the offending property owner, inform them they are in violation, and tell them to remove the sign. Few things are more aggravating than an overzealous HOA officer who thinks they are the gestapo.
Having said that, it's possible that your property could be subject to the HOA regs even if your ownership predated the association, but that's a question you should direct to an attorney who can do a title exam and give you an opinion. But before you go that route, _try_ to work with the HOA. Find out how properties are typically marketed in that development. You just might decide that is the most effective way to market the property.
Having said that, it's possible that your property could be subject to the HOA regs even if your ownership predated the association, but that's a question you should direct to an attorney who can do a title exam and give you an opinion. But before you go that route, _try_ to work with the HOA. Find out how properties are typically marketed in that development. You just might decide that is the most effective way to market the property.
The legal question and answer is whatever a judge or jury decides ultimately…..thats what all legal questions and opinions are. It’s highly unlikely a neighborhood (and developer with a subsequent HOA) can buy the land around you and subject you to its rules you never signed on to. If it’s a city/town/municipality then it might be a different story. I would tell them to shove it up their a$$.
1) Get security cameras installed
2) Put the for sale sign back up
3) When it's removed again - have the bastards arrested for trespassing.
4) Mix in consulting with a lawyer ASAP in that mix. But definitely do 1-3. <grin>
2) Put the for sale sign back up
3) When it's removed again - have the bastards arrested for trespassing.
4) Mix in consulting with a lawyer ASAP in that mix. But definitely do 1-3. <grin>
You live by IndianRiver,the one the Bryan Bros just bought? The value may go up since they redoing the course and taking it private. I have friend that lives across the lake from there.
I'd be wondering that if you do sell it, will the new homeowners be forced to join. If that's the case, it might be a good idea to go to the HOA and get a copy of the bylaws and present those at closing. That was a big deal (presenting them at closing) with one property I bought. Sucker was 50 pages long too. I eventually sold the property without building on it and that was a major reason why.
That said, I dont see how you could be expected to follow laws you never recieved.
That said, I dont see how you could be expected to follow laws you never recieved.
Assuming everything said is accurate.....Nope.....unless there is a town ordinance against signs. Unless your deed or subsequent document subjecting your property to the covenants states that you are subject to the rules and regulations of the horizontal property regime, you do not have to abide by their rules.
Can you change "sale" to "sell" in your subject line?
Of all the things you've ever typed..... this one gave me tingles and smiles.
I personally wouldn't even consider selling until after the 2024 election. May have to push it off until 2028.
Sold our house in Charlotte in Nov. of 2020 because I knew (foresaw) what was coming......
Sold it for the most $$$ *ANY* house had ever sold for in our neighborhood of 25 years.....
In summary : Nailed it. --- I'm sorry but politics matter in financial situations. Sold *BEFORE* the election. "You got to know when to hold em', know when to fold em', know when to walk away, and know when to RUN." ~ Kenny
There's a seriously great episode of the X-Files where the president of a neighborhood HOA resorted to (supernatural) elimination of homeowners who broke the HOA's rules. Mulder and Scully posed as a newlywed couple moving into the neighborhood in order to investigate.
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Make sure the sign isn’t in any type of Right of Way or public easement area.
If you put it in your actual yard, they can’t remove it
If you put it in your actual yard, they can’t remove it
Something similar happened in my neighborhood. I wanted to build a dock and the HOA said I could not. I said I could. They took me to court and I won easily for this reason. The covenants against docks was written two years after my house was built. I never was and never will be under those covenants. The administrative law judge said so and I built my dock. So similar but different.